Vivek Kumar Patel Alias Lalu Vs State of U.P.

Neutral Citation No. - 2025:AHC:141590

Court No. - 82

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26272 of 2025

Applicant :- Vivek Kumar Patel Alias Lalu Opposite Party :- State of U.P. Counsel for Applicant :- Aravind Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Shri Arvind Kumar Maurya, learned counsel for the applicant and Shri Santosh Nigam, learned AGA for the Staterespondent.

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The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.195 of 2024, under Sections 105, 115(2), 352, 351(2), 191(2), 324(4), 190 B.N.S., Police Station Madihan, District Mirzapur, during pendency of the trial in the court below.

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Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 20.01.2025 and he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant, co-accused Dinesh Kumar Maurya has been released on bail by Co-ordinate Bench of this Court vide order dated 17.07.2025 and his bail order has been annexed at page 115 of the paper book and on facts case of applicant is at par with him.

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He further submits that therefore, on the ground of parity, applicant may be enlarged on bail.

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He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 13.10.2024 i.e. for last more than ten months.

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Per contra, learned AGA however opposed the prayer for bail and submits that this is the second bail application filed on behalf of the applicant but could not dispute the fact that after rejection of the first bail application of the applicant, co-accused Dinesh Kumar Maurya has been released on bail by Co-ordinate Bench of this Court and on facts, case of applicant is at par with him.

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He further could not dispute the fact that applicant is having no criminal history to his credit and he is in jail in the present matter since 13.10.2024 i.e. for last more than ten months.

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I have heard learned counsel for both the parties and perused the record of the case.

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However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court but it reflects, after rejection of the first bail application of the applicant, co-accused Dinesh Kumar Maurya has been released on bail by Co-ordinate Bench of this Court and on facts, case of applicant is at par with him.

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Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 13.10.2024 i.e. for last more than ten months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Vivek Kumar Patel Alias Lalu , be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 19.8.2025 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Vivek Kumar Patel Alias Lalu v. State of U.P.

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